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HIPAA violation? I requested my medical records - ?????

Posted: May 27, 2010

and paid to have them sent to me. The last 20 pages were someone else's medical record. I called the records dept and told the clerk, and she acted like it was no big deal and could I bring them back? At first, I just wanted the extra 5 bux back that I paid for these (5 bux per 20 pages is what they charge). Then I wondered if someone else got a part of MY medical record? She assured me not. This really sounds like a big fat HIPAA violation and I think the clerk was down playing it. BTW, this record of this other person shows a lot of personal info, their name, SSN, MRN, address, DOB..........yikes. I don't want to make that drive to take them back (it's a 30-mile drive).....should I just shred them and let the MR clerk sweat a bit?

HIPAA - Amanda

[ In Reply To ..]
I work in medical records at a hospital. There have been occasions where records have been faxed to the wrong number and the person has called to let us know. If they won't bring them back, the director of our department will go to them and get teh records back. If it is a doctor's office that received them, we do trust that they will shred them, but if it is at a person's house, we definitely get them back one way or another. It is a HIPAA violation. We have to enter the information in our tracking system for risk management.

Don't take them back... I would talk to her supervisor maybe? - lindawordlady

[ In Reply To ..]
I think some of these people do not really understand the HIPPA. Unfortunately, they hire these clerks and they are not all well trained or some do not take their jobs seriously.

A couple months ago I received the testing results of a patient with the same name as myself. I called them to tell them and they apologized, but that to me is NOT good enough. I also saw her DOB, and other important info. Unfortunately for me, this person (with the same name as myself), I get many phone calls from her creditors asking for payment of such and such. This has been going on for years and I know she exists. I wonder if she knows I exist is my question. I once went to a clinic (for a sliding scale fee) because I had no insurance and I'll be darned if they didn't have her chart instead of mine!!!

I would either call her supervisor or just shred them. I don't know what else you can do. Why waste your time on their stupidity is what I say.

I would.... - Work as a consultant in HIM

[ In Reply To ..]
I would call and ask to speak to the Medical Records Director. When I got her on the phone I would explain the situation, tell her I want my money back for the pages that I paid for that were not my records and I would tell her (even if it is a lie) that you don't have a shredder and you don't think it is your responsibility to make a 30 mile drive to return the records to the hospital, and see what her reaction is. If she basically blows you off, I would report the entire event from ordering my records to calling the Director to the powers that be and let the facility take a HIPPA hit. Being your own advocate for HIPPA violations is the only way we can get the point across to facilities that a violation is a big deal.

Send them to the person they belong to,,,,,,nm...... - hipaa - slipaa

[ In Reply To ..]
;)

They definitely need to be reported. Like another - k

[ In Reply To ..]
poster said, call the Director of HIM and if that goes nowhere, I would call the Hospital Administrator. If it has happened with you, it has or will happen again more than likely. They have to notify the patient and other authorities that this happened. No matter what the clerk said, it is a BIG deal.

HIPAA violation - Oh boy

[ In Reply To ..]
I worked in medical records at our hospital before moving over to transcription. You should absolutely call back and speak to the HIM director. Our director is also the privacy officer for the hospital and has to take these situations seriously. If the director acts like it is no big deal, speak to the privacy officer or member of administration. This definitely has to be logged in the acidental disclosures log and the other patient has to be notified in writing within 30 days or something like that.

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